Can You Claim Compensation for Being Sacked?
Well, you’ll be surprised, but the answer is yes and no. The circumstances of your dismissal will suggest whether or not you are eligible for compensation. If the dismissal was on unfair grounds, then compensation can be availed.
When can an employee be sacked?
- When there is a misconduct with previous warnings.
- Upon gross misconduct right at the first time.
Misconduct is defined by an act requiring disciplinary action. For example, coming late to the office, misbehaving with clients, etc can be defined as misconduct. But these are very minor and can be rectified by written warnings. When these actions are repeatedly committed by the employee to a very high degree, he or she can be sacked for disciplinary grounds.
Before sacking, the employer must undertake proper procedure meant for sacking. A disciplinary committee must be held and the employee must be let to speak of his/her defense. The concept of firing or sacking is totally subjective. If the employee seems to have valid reasons for being late or conducting himself/herself in such a manner on the occasions, then the employer can look for alternative to firing or sacking the employee.
On the other hand, gross misconduct is defined by one act of misconduct which is serious enough to get oneself sacked. The act must be of very high severity which even done once might cause great damages to the company and fellow employees.
For example: Sleeping or drinking alcohol during security job, stealing, manipulating accounts, passing confidential information to rivals, etc.
When can such dismissals be deemed unfair?
According to new laws, if the disciplinary procedures were not satisfactory enough and the allegations were not put to writing, the dismissal shall be deemed unfair. The reasons for dismissal should be solid.
Did the act under study really happen? If yes, was the employee the perpetrator? This issue has to be investigated properly for the dismissal to be fair.
Did the employer take the disciplinary proceedings without prejudice? If the case verdict was biased, the employee can ask for a neutral mediator to judge the case. Also, the employee has the right to appeal for any disciplinary action.
If the act in itself has happened due to violation of basic employment laws, such as flexible timings, etc.
Compensation, if any
Hiring an experienced employment lawyer will solve most of your problems. If there has been a mistrial during the dismissal, the employer will face charges of compensation under unfair dismissal. To avoid that, the employer may want an out of court settlement. If not, a tribunal can always judge the best and give a verdict if or not the employee gets compensation.
You should have solid reason for taking this forward. Look into your employment contract to identify clause which might work against you. The best way to get things done is using a solicitor who can assess your case and guide you through the process of litigation.
